Loading...
HomeMy WebLinkAbout2010-010 Blast 2010 FireworksRESOLUTION NO. R-2010-010 A RESOLUTION AWARDING THE CONTRACT FOR THE RIVERSIDE BLAST 2010 AERIAL PYROTECHNIC PROGRAM TO WALD AND CO., INC. D/B/A ALL AMERICAN DISPLAY FIREWORKS WHEREAS, the City of Riverside, Missouri on November 17, 2009 approved funds to be expended from the Tourism Fund for the City's summer event Riverside BLAST 2010, which is an event that celebrates fireworks season in Riverside. The event finale will be a fireworks show; and WHEREAS, the City of Riverside contracted with Wald and Co., Inc. for the 2009 event and due consideration was given to the quality of the previous performance of the contractor as well as the quality of service; and WHEREAS, following an investigation of services and references, staff has recommended award of the bid to the Wald and Co., Inc. as the lowest responsible bidder; in the amount of $15,000 and WHEREAS, the Board of Aldermen find it is in the best interest of the City to approve the bid of Wald and Co., Inc., d/b/a All American Display Fireworks to provide the fireworks show finale for the Riverside Blast 2010. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the bid of Wald and Co., Inc., d/b/a All American Display Fireworks provide the fireworks show finale for the Riverside Blast 2010 in the amount of $15,000 is hereby accepted and approved; and FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby authorized to execute all documents necessary to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the ~O~elay of , 2010. ~` Mayor Kathleen L. Rose ATTEST: City Clerk e Approved as to Form: n Tho pson, City Attorney <~rr of Riv~RSIDE Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 AGENDA DATE: 2010-04-20 TO: Mayor and Board of Aldermen FROM: Meredith Hauck, Director of Community Relations RE: BLAST Fireworks Display BACKGROUND: On November 17, 2009, the Board of Aldermen approved $65,000 to be expended from the Tourism Fund for the City's summer event Riverside BLAST 2010. This event celebrates fireworks season in Riverside with a block party featuring bands, food and beverage vendors, inflatables, kids' fireworks safety classes and more. The event finale will be a fireworks show co- sponsored by city fireworks vendors. RECOMMENDATION: Staff recommends utilizing Wald and Co., Inc. for the aerial pyrotechnic program. Wald has put together a show proposal for $15,000 featuring 439 shells in the main aerial portion and 209 shells in the finale. This is the same company the City contracted with for the 2009 event. They were selected based upon their work with other cities and high recommendations for safety and quality from the City's fireworks vendors and fire marshal. BUDGETARY IMPACT: The show will cost $15,000. This fits within the overall budget of $65,000 for the event. The amount of co-sponsorship from fireworks vendors is unknown at this time. DRAYTON INSURANCE BROKERS, INC. 2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067 BIRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220 TELEPHONE: (205) 854-5806 FAX: (205) 854-5899 CERTIFICATE OF INSURANCE NO. 088047 We certify that insurance as outlined below is afforded the Named Insured under policy CA000004090-1 S issued by Admiral Insurance Company. NAMED INSURED Wald and Company, Inc. d/b/a All American Display Fireworks P.O. Box 314 Greenwood, Missottri 64034 PERIOD April 15, 2010 to April 14, 2011; Both days inclusive. COVERAGE Commercial General Liability. Covering against the legal liability ofthe Named Insured for Bodily Injury andlor Property Damage caused by, or arising &om, the preparation for, the fuing of, or the clearance following fireworks display(s), FIRED BY THE NAMED INSURED OR THE NAMED INSURED'S EMPLOYEES. LIMITS OF A) Each Occurrence $5,000,000 LIABILITY B) General Aggregate $6,000,000 C) Products 8c Completed Operations Aggregate $6,000,000 The addition of more than one insured does not serve to increase the limits of liability. It is certified that, in accordance with, and subject to, the terms of the above policy, the following SPONSORS AND/OR PROPERTY OWNERS AND/OR LICENSING AUTHORITIES are included as Additional Insured(s), but only in respect of the legal liability of such Additional Insureds) for Bodily Injury and Property Damage caused by the operations of the Named Insured in connection with the fving of the fireworks display(s) stated below BY THE NAMED INSURED OR THE NAMED INSURED'S EMPLOYEES. NAME 8c ADDRESS OF INSURED SPONSORS PROPERTY OWNERS, LICENSORS City of Riverside, Missouri Briarcliff Village, 1201 NW Briarcliff Parkway, Kansas City, Missouri Briarcliff Development Company, 4151 North Mulberry Drive, Kansas City, Missouri Greenside Investments City of Kansas City, 414 East 12`x, Kansas City, Missouri DISPLAY LOCATION DISPLAY DATE(S) E.H. Young Riverfront Park, Riverside, Missouri 6-26-10 This insurance applies automatically if the described display is tired on any alternative date because of cancellalion on the date shown due to weather or other cause; however, IN NO EVENT WILL COVI1RACiE APPLY TO BODILY INJURY OR PROPERTY DAMAGE SUSTAINED AFTER April 14, 2011. Notwithstanding any requiremerrt, term or condition of any contract or other docunterrt with respell to which the certificate may be issued, or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and ootrditions of such policy. For particulars concerning such terms, exclusions, and conditions each Additional Insured is referred to the policy documents in the possession of the Named Insured. Should the above described policy be cancelled before the expiration date thereof, the issuing company will mail 30 days prior written notice to the above named Additional Insureds). 5-3-10 DATE OF ISSUE DRAYTON INSURANCE BROKERS, INC. TRINGER, PRESIDEN Missowi oeparunent d Public safety A~issourl adsion a Flro safety Po Sox twa rstreison cacy, MO ss~oz PYROTECHNIC DISPLAY OPERATOR LICENSE Performs duties as a Pyroteclaric Display Operator ss atrttwrized.bY Iha Missouri State Rre Marshal, 320.128 RSMo,11 CSR 40-3.010 and NFPA 1126. NAME: Daryl Marmon LICENSE NUMBER: 7 ISSUED: 8/27/2007 EXPIRES: 8/27/2010 State Fire Marshal: ~~~~ •~ ~i'~-- Mlseaxi Department a Publie Safely Mssaurl avwon or F:ro Safety Po t~ s4a Jereraon cats. arD ss~o2 FIREWORKS DISPLAY OPERATOR LICENSE Performs duties as a Firoworks Display Operator as autfwrized by the Missouri State Fire Marshal, 320.126 RSMo, 11 CSR 40-3.010 and NFPA 1123. NAME: Daryl Maroon LICENSE NUMBER: 6 ISSUED: 8/27/2007 State Fire Marshal: EXPIRES: 8/26/2010 ~~ .C ~l~- Missouri Dnrlslon of Flre Safely Ftrevuorks Un1t P.O. Box 844 Jefferson Cfiy~ MO 65102 Firewiorks Display Operator License Outdoor Ftrsvirorks (NFPA Standard 1123) Dear Operator You have been approved as a Fireworks Display Operator by the Missouri State Fire Marshal. Receipt of this license verify's that the holder meets the necessary qualifications as defined in Missouri State Statute 320.126 RSMo., the Code of State Regulation 11 CSR 40-3.010 and NFPA Standard 1123. For your convenience a wallet size license is also enclosed. When conducting a display one of these documents is required to be carried with you and presented upon request. If you have any questions please contact this office at (573) 751-2930 ore-mail firesafe@dfs.dps.mo.gov. Missouri Department of Public Sefsty Missouri Division of Fire Safet) PO Box 844 `Jefferson City, MO 65102 Li~nse~:,F~~ ~, , ~ ~~. ~ ; ,,lay Operator Performs duti" ~ ~" for as authorized by the Misso ~ ' t,~ . __ 3 RSMo, 11 CSR 40- 3.010 and N ;,~, ~, Name: Step ~~1 License Numbe"t!~ ~`' ,~ ~,5~ Issued: 2/15/2 n Aix ` ~Ires: 2/14/2011 l ~z^~'. r. State Fire Marshal: ~~ ~ ~~- . ,T,~••• .+. ..-~. Wald & CO., ~'~nc. d/b/a All ~rnerican Display Fireworks PO Box 319, Greetljwood, Missouri 64034-0319 Phone: 816-537-7400 Fax: 816-537-7270 This agreement entered into this ld day of April-10 %``"'~ by and between Wald & Co., Inc. of Greenwood, Missouri, doing business as All American Display Fireworks, (hereinafter referred to as "All American) party of the first part, and City of Riverside (hereinafter referred to as "Customer") party of the second part, City of Riverside and State of Missouri WITNESSED: All American, for and in consideration of the sum of one dollar ($1.00) in hand paid, receipt of which is hereby acknowledged and of terms and conditions hereinafter set forth, agrees to furnish Customer Proposal llated 3-5-1~ fireworks display in accordance with the program agreed upon and approved by the parties hereto and made a part hereof, (hereinafter referred to as "Display") with said Display to be performed on 6/26/2010 In the event of inclement weather, adverse conditions, life/safety issues, or some other cause beyond All Americans control that would prevent the giving of Display on specified date, All American, at it's sole discretion, may cancel or postpone the Display for that date, due to said conditions. Unless a reschedule date is agreed upon prior, it is agreed and understood that Customer may reschedule Display within 180 days of the original display date and that Customer must notify All American at least 30 days in advance of proposed rescheduled date. Rescheduled Display date must be mutually agreed upon by All American and Customer. If the rescheduled date falls within the 30 days following original Display dater the 30-day notice can be suspended, but date must be mutually agreed upon by All American and Customer. If Customer does not reschedule to a mutually atgreed upon date within the 180 day period following original display date, or completely cancels the Display, the Customer understands and agrees to pay All American _~~ the $~ I ~,nnn pg contract price of Display. All American agrees to provide services, secure permits and deliver fireworks as proposed. All American reserves the right to make necessary substitutions with product equal to or greater in value. Customer shall furnish: 1. Sufficient minimum secured safety distances in the j udgement of All American for proper shooting of Display 2. Necessary police protection and/or adequate security and a method to maintain and assure that spectators not go past the minimum secured safety distances determined by All American. Cancellation or postponement of Display due to breach of said minimum secured safety distances would not constitute a breach of contract by All American 3. Other reasonable safeguards and precautions as All American directs or deems necessary 4. Provide unobtrusive and safe access to the display site/fall out zone, as All American deems necessary 5. Fire protection as All American deems necessary °r° ~ - It is further a reed and understood that the Customer will pay Allr American the total sum of $ $15,000.00 as follows: 3,000 deposit due by 5-1-10. Remaining balance of $12,000 due in full by 7-2-1 All American will provide the Customer with a $ 55,000,000.00 Certificate of Insurance covering Public Liability and Property Damage for Display. Customer will be included as additional insured and agrees to provide a complete list of all additional insureds to be named on the certificate. Customer agrees to pay one and one half percent (1.5%) interest charged per month on unpaid accounts after fifteen days from agreed upon payment due date and Customer agrees to pay all fees necessary to collect balance due, in addition to any and all attorney fees. It is further agreed that nothing in this;Agreernent between Customer at~d All American, shall.be construed`or interfireted to result in a partnership or joint venture, both parties hereto being responsible for their sepa~te and individual acts, omissions, debts, and obligations and neither party shall be responsible for any agreements or addendum not set "forth in the Agreement. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this agreement which is binding upon the parties, their heirs, executors, administrators, successors, assigns, and agents; as well as terms and' conditions further set forth by All American. IN WITNESS WHEREOF, ~ 13 April 2010 we hereto, set our hands and seals to duplicate copies hereof this-,~~ day of , WALD&CO INC/ALLAMERICANDISPLAYFIREWORKS CUSTL7MER Charles Wald BY: ', -- Print Name of Authonzed,Agent4 SIGN: Signature of Authorized Agent ,/ , Print Name of Authorized Agent Acknowleging and agreeing to the payment schedule As noted above t' ~ i ,'~ j Signature of Authorized Agent This agreement subject to acceptance by All American (Wald & Co., Inc.) at its main office at Greenwood, Missouri. IMPORTANT: Place authorized signature on original (white) and return to All American Display Fireworks by return mail. Retain duplicate (yellow) copy For your files. M^